Change Of Employer - H1

[chvijay]

Dear All,

please can you suggest on change of employer - H1. this is my first post in this forum, please don't curse me for many questions.

I live in india & i got H1 approval and my passport was stamped with Visa on October 2008 @ chennai consulate. Due to recession affect my employeer have not placed me in US till now.

Recently I got a offer from one of US consultant through my friends. My H1 filed employer & current job offered employer had conflicts on % of payment and both are not interested to talk to each together for resolution.

Can I transfer my h1 to current offered employer being in India? what is the process for transfering H1 visa to different employer? Can I travel with existing h1 & after reaching to US can I transfer the Visa without working for h1 filed employer.

Please suggest me & currently I am holding B1 visa also.

Thanks
Vijay

[shervin143]

You cannot travel to U.S to with the petition of one employer to work for another. You will be questioned at the POE and you will need to show documents like employment verification letter.

If your H1B petition is still valid, then YES you can transfer your petition to the new employer. Give them a copy of your existing H1B approval notice and they should be able to file a transfer. If you already have a project with a client, then it is advisable to file the petition in premium processing. Once the petition gets approved, you can travel with the new petition and the existing H1B visa.

[chvijay]

Hi shervin,

Thanks for your quick reply. Is H1 can be transfered without being in US ( I am currently in India). I heard from some one that you need to have atleast couple of pay checks to transfer the H1B petison. Do i need to go consulate for stamping after transfer or is it simple transfer process?

Waiting for valuable reply.

Thanks
Vijay

[shervin143]

Pay slips are required only if you have already worked for that H1B employer in U.S. If you haven't travelled at all, then it is not required. No need for new stamping when you get the approval notice of the new company. Read the FAQ's in immihelp Visa's section.

Hi shervin,

Thanks for your quick reply. Is H1 can be transfered without being in US ( I am currently in India). I heard from some one that you need to have atleast couple of pay checks to transfer the H1B petison. Do i need to go consulate for stamping after transfer or is it simple transfer process?

Waiting for valuable reply.

Thanks
Vijay